Attorney General Phil Weiser sues Trump administration over unlawful executive order attempting federal control of elections

April 3, 2026 (DENVER) – Attorney General Phil Weiser today joined a coalition of states and the District of Columbia in suing President Trump over his unlawful executive order that attempts to interfere with states’ constitutional authority to administer elections by restricting voter eligibility and mail voting to lists of voters pre-approved by the federal government.

“The president’s unlawful executive order threatens the right to vote for millions of Colorado voters—Democrat, Republican, or Unaffiliated—who use mail ballots. The president does not have the power to takeover elections by signing an executive order. The Constitution is clear that the states determine the time, place, and manner of elections. Colorado’s mail ballot voting system is secure and fair, and we’re now in court to protect Colorado’s elections and the freedom to vote,” said Attorney General Weiser.

On March 31, President Trump signed an executive order attempting to establish a national list of eligible voters and directing the U.S. Postal Service, an independent federal agency, to transmit mail ballots only to those on the list. In the order, the president threatens states and elections officials with criminal prosecution and the loss of federal funding if they do not comply with his demands. The attorneys general argue that the order would require states to act contrary to their own voter roll procedures, vote-by-mail systems, and voter registration laws.

In their lawsuit filed in the U.S. District Court for the District of Massachusetts, the coalition explains that the U.S. Constitution gives states the primary authority to administer elections. In contrast, the Constitution does not allow the president to unilaterally impose changes to federal election procedures, particularly without an act of Congress.

Moreover, the administration of elections is highly complex and requires substantial planning and preparation. The attorneys general argue that the president’s executive order would require states to upend their existing election administration procedures for upcoming elections and conduct statewide voter education at a dangerously quick pace – potentially within weeks of primary elections and mere months before the beginning of mail voting for the 2026 general election. The coalition argues that such drastic and rapid changes will undoubtedly create confusion, chaos, and distrust in state election systems, all while threatening to disenfranchise eligible voters.

The attorneys general allege that the president’s executive order violates the separation of powers and unlawfully interferes with states’ mail voting programs. The coalition asks the court to prevent the federal government from implementing or enforcing the executive order.

Joining Attorney General Weiser in filing this lawsuit, which was led by Massachusetts Attorney General Andrea Joy Campbell, California Attorney General Rob Bonta, Nevada Attorney General Aaron Ford, and Washington Attorney General Nick Brown, are the attorneys general of Arizona, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin, as well as the governor of Pennsylvania.

Read the lawsuit State of California et al v. Trump (PDF).

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov